Training materials and Power Point Webinar Recording Immigrant Crime Victims Access to Federally Assisted Housing (February 22, 2017) Webinar Slideshow NHLP & NIWAP, PowerPoint Slides for Webinar: Immigrant Access to Federally Assisted Housing (Feb. 22, 2017) Full training materials packet NHLP and NIWAP Info Packet with Power Point Slides and Materials (Feb. 22, 2017) Transitional […]
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
Brochure discussing the various forms of immigration relief that lead to lawful permanent residency that may be available for immigrant children and youth. This tool should be used by advocates, attorneys, teachers, school personnel and university staff to screen children and young people for forms of immigration relief that includes pathways to lawful permanent residency.
Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]
Infographic produced by the U.S. Department of Homeland Security providing an overview of crime victim based legal protections for adult and child immigrant victims. This infographic covers immigration relief for victims who suffer victimization in the U.S. and/or abroad. The forms of relief covered are: VAWA self-petition, U visa, T visa, Continued Presence, Special Immigrant Juvenile Status (SIJS) and Asylum. The infographic contains links to DHS websites containing additional government produced training materials and information on these programs, application forms and instructions.
The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic, which is also available in Spanish, describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS […]
The Department of Homeland Security has published this brochure to provide information on continued presence, a temporary immigration status for victims of human trafficking.
U.S. Citizenship and Immigration Services T Visa Declaration (Certification ) Form for use by law enforcement, prosecutors, judges and other government agencies in assisting victims of human trafficking filing T visa applications. The Declaration provides helpful evidence in support of the trafficking victim’s application for a T visa.
This is the T Visa Declaration (Certification) form to be completed by law enforcement, prosecutors, judges and other government officials to provide supportive evidence to a victim of human trafficking applying for a T visa. Issued January 18, 2017
This I-914 A Form is the application to be filed in T visa cases for the family members of trafficking victims filing for T visas.
The Department of Homeland Security provided instructions to assist petitioners filing for T visa immigration relief. These instructions and the T Visa application were updated and issued by USCIS on January 18, 2017
This is the T Visa Application Form I-914 that must be filed for victims of human trafficking to receive T Visa immigration relief.
The Department of Homeland Security issued this policy memorandum to provide guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status.
DHS Blue Campaign outreach and educational brochure for NGO’s and Faith Based groups working with human trafficking survivors.
USICIS victim support factsheet on supporting and stabilizing victims to enable case investigation and prosecutions for law enforcement, first responders, and healthcare professionals.
USCIS factsheet on supporting and stabilizing victims of human trafficking NGOs and faith-based organizations.
USICIS factsheet on identifying victims and reporting suspected cases of human trafficking for law enforcement, first responders, and healthcare professionals.
USICIS factsheet on recognizing and supporting trafficking victims in the courtroom.
USCIS brochure on its Blue Campaign program that is responsible for working in collaboration with law enforcement, government, and NGOs to protect victims and arrest exploiters involved in human trafficking.
Information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims of human trafficking and other crimes.
USCIS factsheet on human trafficking and risk factors
USCIS factsheet on human trafficking and risk factors for school administrators and staff.
Instructions for filling out Form I-914, Supplement B, Declaration (Certification) to be used by law enforcement, prosecutors, judges and other government agencies signing declarations/certifications that provide evidence in support of a victim of human trafficking’s application for a T visa.
Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for
Childhood Arrivals (DACA)
This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.
This PSA was developed by the Department of Homeland Security for its Blue Campaign, which fights human trafficking. Please share widely! The link address is: http://youtu.be/yKQSXv5Efvg
Trafficking Victims Protection and Reauthorization Act of 2008 Trafficking Victims Protection and Reauthorization Act of 2008: Statute (As Enacted) Trafficking Victims Protection and Reauthorization Act of 2008, H.R. 7311 (Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) Prepared by Legal Momentum) Trafficking Victims Protection and Reauthorization Act of 2005 Trafficking Victims Protection and […]
Sample Questions for Identifying a Trafficked/Enslaved Person
Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.
Provides an overview of the state and federally funded benefits and services available to victims of human trafficking. Includes access to public benefits offered by HHS, USDA, HUD, USDOJ, SSA, DOL, and DOE (Education).
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
A chart comparing the eligibility, process, and benefits of U Visas, T Visas, VAWA Self-Petition, Special Immigrant Juvenile Status (SJIS), and Deferred Action for Childhood Arrivals (DACA). Written by Krisztina Szabo, Spencer Cantrell, and Leslye Orloff.
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
Immigration protective relief is an important tool for community policing that strengthens the ability of law enforcement agencies to detect, investigate, prosecute, and solve cases of domestic violence, sexual assault, trafficking, and other types of criminal activity. Without adequate language assistance, many immigrant victims cannot obtain police protection, obtain emergency medical assistance, or give police crucial information. Use this card as a checklist to screen for potential immigration relief and language issues.
This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.
These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
The HTC Collaborative is dedicated to increasing awareness and understanding about the prevalence of human trafficking in the United States through the Human Trafficking and the State Courts Collaborative website. Establishing an appropriate state court role in addressing the numerous and complicated forms of modern day slavery will be one of the most difficult challenges confronting state courts in the coming decade.
The State Justice Institute provided initial funding to address this challenge, resulting in the formation of the Human Trafficking and the State Courts Collaborative (HTC) in early 2013. The HTC is being coordinated by the following partner agencies: the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI), the National Judicial College (NJC), Legal Momentum, the National Association of Women Judges (NAWJ) and the National Council for Juvenile and Family Court Judges (NCJFCJ).
This website is one facet of the ongoing work of the HTC and is designed to provide up-to-date information, reports, statistics, and tools that will help justice system policy makers, practitioners and researchers more effectively address human trafficking issues. We anticipate the materials will prove useful to other individuals, groups and organizations committed to achieving a solution to end the trafficking of persons.
Information on immigration options for trafficking victims and their general requirements, including T and U visas, with example fact patterns.
Full text of 22 U.S.C. 7101, the Victims of Trafficking and Violence Protection Act of 2000.
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.
This form should be completed by Federal, State, or local enforcement authorities, prosecutors, judges or other government officials for victims applying for T visas under the Victims of Trafficking and Violence Protection Act, Public Law 106-386, as amended.
The following memorandum analyzes the differences between H.R. 3887, the William Wilberforce Trafficking Victims Protection Act of 2007, as passed by the House on December 4, 2007, and referred to the Senate; and S. 3061, the William Wilberforce Trafficking Victims Protection Act of 2008, as introduced in the Senate on May 22, 2008 by Senators Joseph Biden and Sean Brownback.
Includes topics of: Encouraging the U.S. Government to Actively Support the Democratic Political and Social Forces in Nicaragua; Urging the Secretary to Coordinate with other Governmental Agencies and NGOs in Creating an Online Database of International Exchange Programs and Related Opportunities; Congratulating Israel on the Election of Ambassador Dan Gillerman as Vice-President of the 60th UN General Assembly; Recognizing the Commencement of Ramadan and Commending Muslims for their Faith; and the Trafficking Victims Protection Reauthorization Act of 2005. (H. Con. Res. 252, H. Res. 192, H. Res. 368, H. Res. 472 and H.R. 972.)
Markup before the Committee on International Relations, House of Representatives. H.J. Res. 63, H.R. 2620 and H.R. 1813.
Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).
Public Law 110-457; [H.R. 7311] An act to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measure to combat trafficking in persons, and for other purposes.
Public Law 109-164: An act to authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes.
Public Law 108-193; An act to authorize appropriations for fiscal years 2004 and 2005 for the Trafficking Victims Protection Act of 2000, and for other purposes.
Full text of H.R. bill to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.
Explanatory statement regarding H.R. 7311, the William Wilberforce Trafficking Victims Reauthorization Act of 2008 made by Mr. Berman of California with Mr. Conyers, Chairman of the Committee on the Judiciary.
Transcript of hearing before the Subcommittee on East Asian and Pacific Affairs of the Committee on Foreign Relations, United States Senate.
Hearing before the Subcommittee on East Asian & Pacific Affairs of the Committee on Foreign Relations United States Senate.
Hearing before the Subcommittee on Human Rights and the Law of the Committee on the Judiciary, United States Senate.
Transcript of hearing before the Subcommittee on Crime & Drugs of the Committee on the Judiciary documenting statements from senate committee members regarding introduction of new legislation to protect victims of sexual assault.
Transcript of hearing before the House of Representatives Committee on International Relations.
Report on a bill introduced to assess the extent of the backlog in DNA analysis of rape kit samples, and to improve investigation and prosecution of sexual assault cases with DNA evidence.
Hearing before the Subcommittee on Africa, Global Human Rights & International Operations of the Committee on International Relations, House of Representatives.
Transcript of hearing before the Committee on the Judiciary, House of Representatives.
This rule is intended to assist all concerned Federal officials, including, but not limited to, officials of the Immigration and Naturalization Service (Service), and eligible applicants, in implementing provisions of section 107(e) of the Trafficking Victims Protection Act of 2000 (TVPA).
Memorandum outlining changes in Immigration and Naturalization Service (INS) procedures for deferred action determinations on behalf of victims of severe forms of trafficking whose applications for T nonimmigrant status have been determined to be bona fide but are still awaiting final adjudication by the Vermont Service Center (VSC).
What is trafficking in persons? What federal laws prohibit trafficking in persons? Is there any immigration relief available for victims of severe forms of trafficking who lack Immigration status in the Unites States? What is a T nonimmigrant visa and who can apply for one? What is a U nonimmigrant visa and who can apply for one?
This brochure outlines the facts on Continued Presence.
Adjustment of status to lawful permanent residence for aliens in T or U Nonimmigrant status regulations.
Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) regarding increased effectiveness of anti-trafficking programs, protecting victims against retaliation, expansion and extension of T and U visas, etc.
NORC Final Report responding to a congressional mandate to (1) identify victims and potential victims of domestic trafficking; (2) determine whether victims have been identified as such by law enforcement; and (3) explore differences between sex trafficking and unlawful commercial sex. It examines human trafficking experiences
among a random sample of 60 counties across the United States.
The following summary of all state laws addressing trafficking in persons is current as of January 1, 2010.
These recommendations provide a set of ten basic standards for interviewing women who are in or have left a trafficking situation. The significance of each issue is explained and examples are offered of how, in practice, each can be addressed. The recommendations should not be taken as a comprehensive guide to working with women who have been trafficked.
Learning Objectives: Begin to identify individuals who may be trafficked;Develop interviewing and trust-building techniques to work with trafficking victims;Take steps to expand your organization’s services and/or collaboration to serve trafficking victims;Learn effective strategies for collaboration with law enforcement and other systems to assist victims.
Lieutenant Chris Cole, Storm Lake, Iowa Police Department, Statement in Support of U Visas, T Visas, and VAWA Self-Petitions
Police Captain Maria Alvarenga-Watkins, D.C. Metropolitan Police Department (Retired) Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
Deputy of Police Operation Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
Sergeant Inspector Antonio Flores, San Francisco Police Department, Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions
This publication was developed as part of a collaborative effort by several American Bar Association entities aiming to provide attorneys with leadership and training to better represent victims of human trafficking.
A state-by-state analysis of state legislatures’ efforts to confront international trafficking of women and girls into the United States.
This document contains a non-exclusive list of the types of documentation that can be used to meet the evidentiary requirement for each of the factors a victim hat the burden of proving in a T visa immigration case.
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also
provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.
This pamphlet developed by the Department of Homeland Security’s Blue Campaign provides tips for judges that can assist courts in identifying immigrant victims of human trafficking who appear before courts in a variety of judicial proceeding. This document also includes DHS recommendations for what steps courts can take when a judge or court staff identify a suspected trafficking victim.
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.
This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Chapter focuses on human trafficking and addresses the Victims of Trafficking and the Violence Protection Act, T-Visas, Eligibility Requirements, Definition of key terms, and practice pointers.
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
These roll call videos for law enforcement were developed under a collaboration between the Department of Homeland Security (DHS), the Federal Law Enforcement Training Center, and the National Immigrant Women’s Advocacy Project, American University, Washington College of Law.
The videos describe local law enforcement’s role in collaborating with DHS in identification of immigrant victims of human trafficking, domestic violence, sexual assault, stalking and other crimes and the importance of signing U visa certifications and T visa endorsements in for immigrant crime victims.
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
This 60-second public service advertisement (PSA) was created by the DHS Blue Campaign to spread awareness of the many forms that human trafficking takes.
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.